
04-23-2023, 11:01 AM
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Sage
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Join Date: Jun 2019
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Quote:
Originally Posted by midiwiz
aside from TV strongarm approach, you're acctually incorrect. While they may pay/influence/ whatever the courts around here, the reality is that none of this would stand in a federal court. IF those plants have been there since 2005 that is actually a defense, TV can not by pass (as in allow) an infraction and then call it back. That qualifies as selective enforcement, and all Florida courts (not controlled by TV) will side with the home owner for this. Once selective enforcement has been determined - all the "rules" are void.
There is a process to rectify the selective enforcement, but I don't see that mentioned here either. Personally I would have told the person to stick it and lawyer up. As a former HOA president our atty was both local and federal, learned a lot, just waiting to use it (yes I like a good fight)
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Maybe ...
Failure to Enforce | FindHOALaw
Statute of limitations, waiver and covenant enforcement
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